These Terms of Service (collectively referred to as "TOS", "Service Agreement", "Agreement" or "Contract") are between www.Mauritius.biz Hosting (represented by Mr Junaid Ghulam Rabbani), hereinafter known as "Provider", and You, the "Customer".
The website www.mauritius.biz ('the website') is owned and operated by the Provider, and has its registered address at 2B Wakin Residence, 31 Etienne Pellereau Street, Port Louis, Republic of Mauritius. Provider aims to provide a wide range of Internet services to Customers, including but not limited to Linux Web Hosting, WordPress Web Hosting, Domain Name Registration, Specific Hosting & Domain Name Packages for Resellers, and Web Consulting / Website Development, collectively referred to as "Service" or "Services".
The TOS shall apply to any Service, whether Paid or Free, provided by the Provider and sets out the terms and conditions upon which the Provider will provide the Service to the Customer. The TOS is made effective as of the Domain Name Registration Date or Account Activation Date, whichever is earlier. Customer acknowledges and agrees that its entire right relating to Provider Services is as outlined in the TOS and hereby waives all other rights that it may have by implication of law or otherwise. No modifications to any part of the TOS by the Customer are allowed or will be accepted.
Customers' continued use of Provider Services (including but not limited to Sign In to the Hosting Control Panel, use of email services, or uploading files to the server, among others) constitutes Customer's acceptance and agreement to abide by all terms set out in the TOS.
The TOS is posted online (https://www.mauritius.biz/tos.pdf) by the Provider, and reserves the exclusive right to revise, change, or amend any portion of the TOS at any time, without advance notice to Customer. Customer understands that any changes to the TOS by Provider shall not be grounds for early contract termination, non-payment of any outstanding dues, a request for a refund, or any lawsuit filed against Provider.
1.0 Commencement of Service
Provider agrees to provide Service to Customer as specified in the Provider's Invoice issued to Customer, and the Service will commence only upon receipt of Customer's payment.
2.0 Duration of Service
The minimum duration of Service is one (1) year, or as explicitly stated in the Service Invoice. The Provider's and Customer's rights to terminate the Service are described in sections 9 & 10 of the TOS.
3.0 Renewal Terms
The renewal of this TOS is for one (1) year, and any or all services provided by the provider will be in accordance with sections 9 or 10 of this Agreement. The services provided by the Provider under this TOS will renew only upon receipt of payment for such service 25 clear days before their expiry.
4.0 Fees and Payment
The Customer agrees to pay Provider, without limitation, for its domain name registration and hosting and related services as specified in the Order and all other fees incurred by the Customer related to supplemental services, including, but not limited to: additional inbox quota, domain name registration/renewal, professional consulting, and any support services provided by Provider.
4.1 Bandwidth Usage — Provider will measure usage of the services in accordance with Provider policies and practices in effect from time to time.
4.2 Charges — All service fees will be charged in advance and will be paid yearly in Mauritian Rupees (MUR).
4.3 Fee Changes — Provider at any moment in time, at its own discretion, may increase or amend any of the Customer Fees, and such Fee changes will only be applicable for the Customer's next billing period/Invoice.
4.4 Hosting Renewal Payment Procedures — Customers' attention is drawn to the fact that Services do not renew automatically upon their expiry. Provider will submit Service Renewal Invoice(s) by email to the Customer, thirty (40) days in advance of the expiry of the Service period. Invoice(s) submitted by Provider to the Customer are due on the due date noted on the Invoice(s). Provider reserves the right to disable and/or suspend services provided to the Customer if the Customer fails to make timely payments for Invoices duly issued by Provider.
Also refer to clause 10.1 of this TOS. Reactivation of expired accounts requires full payment of the current amount due, plus a reactivation fee. Reactivation of a disabled/suspended/expired account may take up to seventy-two (72) hours after payment. Provider will permanently delete delinquent accounts that are more than seven (7) days overdue from the system, without incurring any liability whatsoever for loss of data (including any website content, databases, e-mail, or other data stored on the server).
5.0 Additional Terms for Domain Name Registration and Renewal
5.1 Registrar Services. Provider has arrangements with various Accredited Domain Name Registrars ("Registrar") to provide the Customer with Internet Domain name registration services. As consideration for the Internet Domain name registration services provided by Registrar to Customer, the Customer agrees to pay Provider, before the effectiveness of the desired domain name registration, the then-current amounts outlined in the Provider price schedule for the initial registration of the domain name and, should the Customer choose to renew the registration, pay the subsequent renewal fees for the registration.
Customer acknowledges that Provider registers or renews domain names as a Reseller of other domain name registrars and is not a domain name registrar on its own. Hence Provider cannot be held responsible for any problems arising with domain name registrations or renewals (including any failures, lapses, transfer of domain name to any third party, or non-renewals of domain names) affected by Provider on behalf of the Customer under the TOS and Customer hereby irrevocably waive all claims and causes of action against Provider which may arise due to such problems.
All domain name registration and renewal fees paid to Provider are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled, or transferred before the end of Customer's then-current registration term. Provider reserves the right to change fees, surcharges, renewal fees, or to institute new fees at any time, for any reason, at its sole discretion.
Customers' requested domain name will not be registered unless and until Provider receives actual payment of the registration fee and confirms the registration in an email from Provider to the email address indicated in Customer's order.
5.2 Domain Name Intellectual Property Rights. Provider makes no representations concerning and does not guarantee that Customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customers agree to be bound by the terms of the Domain Name Registration Agreement, Domain Name Dispute Policy, and related agreements, as duly published by the appropriate domain name registrars on their respective websites.
6.0 Customer Obligations
Customers shall at all times comply with the TOS. The customer recognises the fundamental fact that no one owns or controls the Internet. The Provider cannot monitor or control all of its Customers' activities. Provider does not intend to actively screen, review, or censor, edit or take responsibility for the activities or content of its Customers. The Customer, and not the Provider, assumes all responsibility for the Customer's Internet activities.
6.1 Hardware, Equipment and Software. Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Internet and Provider's services. Customer is responsible for all costs associated with accessing the Internet and the Provider's services. Provider makes no representations, warranties or assurances that Customer's equipment will be compatible with Provider's services.
6.2 Allowed Hosting Content and Activities. Provider servers may be used only for lawful purposes. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. It is absolutely forbidden to host pornographic and adult content on Provider servers. Any Customer found hosting this material will be subject to immediate cancellation without notice or refund.
Further, any content that will promote or cause any of the following activities is strictly NOT allowed:
- Any unlawful activity or is considered offensive by the web community, promotes racial hate, injury or physical harm against any group or individual, encourages or teaches illegal activities, exploits or depicts children negatively, infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including pirated computer programs, cracker utilities, warez and software serial numbers or registration codes, violates any law or statute or ordinance or regulation governing the Customer's business or activities.
- Gaining or attempting to gain unauthorised access to servers or services. Such attempts include "Internet scamming" (tricking others into revealing their passwords), phishing, password robbery, security hole scanning, port scanning, probing, monitoring, or testing for system or network vulnerabilities.
- Introducing viruses, Trojan horses, back doors, easter eggs, worms, time bombs, packet bombs, running bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses in emails or other communication.
- Uploading anonymous content (content without a valid contact address and telephone number).
- Hosting, sharing, storing and distributing any type of pornographic or any sexually explicit material, including but not limited to audio or video files.
- Advertising or promoting the sale (for free or for whatever cost) of any products or services that are considered immoral.
IMPORTANT NOTICE: Failing to abide by rule 6.2 will result in immediate suspension and/or deletion of the Customer account, without any prior notice and WITHOUT ANY LIABILITY.
6.3 Value Added Reselling. Customer is not allowed to market or resell (at a cost or for free) the web & e-mail hosting services provided by Provider to the Customer, unless expressly agreed upon "as a Reseller" in writing between Provider and Customer. This includes, but is not limited to: Web Hosting Space, Sub-domains, E-mail and FTP accounts and storage of third-party data on the Customer's storage area. Violations of this policy carry severe penalties, including immediate termination of service.
6.4 SPAM and Unsolicited Commercial Email (UCE). Provider takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over its network. This means that Customers may not use or permit others to use the Provider's network to transact in UCE. Customers of Provider may not host, or permit hosting of, sites or information that UCE advertises from other networks. To prevent unnecessary blacklisting due to spam, Provider reserves the right to sample bulk email sent from its servers from time to time.
6.4.1 The Customer is ultimately responsible for the actions of their users, who use the Provider's services. It is therefore advisable that customers develop a similar or stricter policy for their users. Any websites or services on our server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will be immediately suspended. The account will not be reactivated until the Customer agrees to remove any traces of the offending material immediately upon reactivation and agrees to allow us access to the account to confirm that all material has been COMPLETELY removed. Persistent or subsequent violations may result in immediate and permanent deletion of the account from our network without notice to the customer.
6.5 Email (including WebMail) Service and Website Contents. Customer uses Provider's services at its own risk and peril. Customer is solely responsible for safeguarding any information it stores on the Provider's servers, including emails, website content and data.
6.5.1 Email Retrieval. Under the terms of the TOS, Customers can create unlimited email accounts, each with a maximum storage capacity of 10GB. Since there is a physical limit on the email inbox, the Customer is obligated to check their email (via WebMail or any other suitable email application) regularly to monitor the inbox. Customers bear the burden of downloading all emails from the Provider's email servers to their local personal computers and emptying and clearing their email inboxes when their inboxes reach capacity or are already full. Customer acknowledges that the email service may be interrupted and any emails sent to them may not be delivered once the maximum capacity of the respective email inbox is reached. Should the Customer want to retain all their emails and not delete them, they may request an increase in inbox quota for an additional yearly fee.
6.5.2 Hosting Panel and Email Password Policy. The Customer must implement a Secure Password Policy for their users. The Customer is obligated to ensure that all passwords are secure passwords, and it is expected that the Customer will change passwords regularly. It is recommended that the Customer implement a password policy for their users.
6.5.3 WebMail Service. Access to WebMail is provided to customers free of charge as an alternative means of accessing emails from the Provider's Mail servers. Customers must ensure they do not store emails on the provider's servers for extended periods (for both POP3 and IMAP), given the mail system's volatility. Customers bear the burden of downloading all essential emails to their local personal computers or may use appropriate backup applications at proper intervals. Providers' mail servers must never be construed as backups of important emails and must never be used as such.
6.5.4 Website Content (including File Transfer Protocol [FTP] storage). Customers expressly acknowledge that they will use Provider's service solely to publish their website and share files with users via FTP. Customers must ensure they have local copies of all content uploaded to Providers' servers and should not use Providers' servers as a means of permanent storage, given the volatile nature of the Web and FTP systems. Providers' Web, Database and FTP servers must never be construed as backups of essential website data and must never be used as such.
6.6 Backup Copy of Data. It is further expressly agreed by the Customer that it is the Customer's entire responsibility to maintain local backup copies of all its web content, including all files, e-mails, and databases stored on the Provider's servers, and any other information critical to the Customer's needs. Provider cannot guarantee that the contents of a website will never be deleted or corrupted, or that a website's backup will always be available. Under any circumstances, Customer must not rely on Provider to provide Customer with a data backup.
6.7 Requests for Customer Support. Customer is advised to use the Provider's website Contact Us page as the best way to request customer support. In emergencies, the Customer may request support via WhatsApp Chat.
6.7.1 Customer further understands that Provider can access Customer's account (including email, web content, databases, etc.) only if Customer provides their login password. If the Customer has forgotten their password, they may request that the Provider reset it so that the Provider can assist with the Customer's support request.
6.8 Advertising. Customer hereby agrees and authorises Provider to advertise the Customer as its Customer on its website, in brochures, flyers, or on social media for marketing purposes.
6.9 Service Branding. Provider services are consistently branded and will bear the logo, name, and other information identifying the services as owned and provided by Mauritius.biz Hosting.
7.0 Provider Obligations
7.1 Service Origin. Provider servers are leased from Service Providers in the United Kingdom (UK).
7.2 Network Up-Time Assurance. Provider will ensure 100% uninterrupted Service to the Customer. Suppose the Service is interrupted and is unavailable for a cumulative period of up to one (1) hour in any one (1) calendar month. In that case, Customer will receive a refund equivalent to one (1) month of Customer's prorated yearly fees for that month.
7.3 Under any circumstances, refunds to the Customer cannot exceed 100% of the Customer's prorated fees for the month in which the Service was interrupted. The customer should request a refund via a Billing Ticket within twenty-four (24) hours of the time of Service interruption. Refunds by Provider under this clause will be made within seven (7) days and after subsequent verification by the Provider.
7.4 Temporary Suspension. The Customer agrees that it may be necessary for Provider to suspend its Services for technical reasons temporarily. The Provider shall determine the timing of such suspension, and such suspension of the Services will not be considered as "interruption" of the Provider Services for the purpose of calculating the Network Up-Time Assurance and the Customer's entitlement to a refund.
7.5 Emergency Suspension. Provider may also need to interrupt the Services at any time for any duration, without penalty or liability for any claim by Customer, where necessary to prevent improper or unlawful use of the Provider Services, Provider service facilities, or connections, or the Provider network.
8.0 Notifications of Violation and Account Suspension
Any accounts suspended under the TOS will be reviewed on a 'case-by-case' basis and, if deemed appropriate for reactivation, will incur a 'reactivation fee'. This fee will be determined at the time of reactivation.
9.0 Termination of Service by Provider
Depending on the nature of any Customer breach of any of their obligations under the TOS, Provider may terminate this Agreement by giving Customer notice of termination, and the termination will take effect immediately upon the notice being given. No refunds of fees paid will be made if account termination is due to a violation of the TOS. Provider will not incur any liability whatsoever, and no refunds will be provided for any service suspension and/or termination arising from a violation of the TOS.
9.0.1 Harassment and Abuse. Provider practices zero tolerance against harassment and abuse of any kind towards its Team. This includes all verbal harassment, yelling, swearing, rudeness, threats to sue or initiate legal action, threats to report to any authority, and any intentionally disruptive behaviour directed at Provider or to its Team, Suppliers, Resellers, or Agents. Client agrees to engage professionally, whether via email, a support request, any electronic message, including WhatsApp and social media forums, or by telephone.
Any harassment and abuse will be construed as a violation of the TOS and WILL RESULT IN IMMEDIATE SUSPENSION AND/OR TERMINATION OF the CUSTOMER ACCOUNT. Provider will not incur any liability whatsoever, and no refunds will be provided for any service suspension and/or termination which arises as a result of a violation of this clause (9.0.1).
9.0.2 Denial of Service. Provider reserves the right to refuse service to anyone at any time, WITHOUT GIVING ANY REASON WHATSOEVER and without any Prejudice to anyone. Provider reserves the right not to accept a new order for any of its services, from anyone or renewal of any Service from an existing Customer, should Provider feel that providing Service to that specific person or Customer will not be in the best interest of Provider or any of its stakeholders.
10.0 Termination of Service by Customer
If the Customer wants to cancel the Service before the expiry date of the Service, for whatever reason, Provider shall not refund any fees already paid by Customer for such cancellation.
10.1 Renewal after expiry of service term. As per the TOS, Service shall NOT renew automatically. If the Customer wishes to renew their service after the expiry of their service period, the Customer must pay in full the renewal Invoice(s) due. Should the Customer not wish to renew their service, they do not need to take any action and can let the Invoice due and associated Service lapse as per their normal expiry and due date. Non-payment of any Invoice by Customer by the due date will be taken to mean Cancellation of Service by Customer.
11.0 Network Interference by Third Party
Customer acknowledges that using the Internet and any online service has its risks and accepts all such risks when using any services (including email) offered by Provider and any unauthorised or illegal use of the Provider Network or any interconnected network by third parties. Provider will use reasonable commercial efforts to ensure a reasonable level of security for its network; however, it provides no warranties, makes no representations, and accepts no liability for the unauthorised or illegal access or interference with the Customer's network.
12.0 Electronic Commerce
The Customer is solely responsible for all aspects of their online store or e-business. This includes, but is not limited to:
- The accuracy of statements and materials related to products and Services offered by the Customer.
- The accurate calculation and application of shipping, any applicable tax (e.g., VAT), and any other charges.
- Processing Customer orders, inquiries and complaints.
- Maintaining the confidentiality of credit card numbers and private information.
13.0 IP Address Ownership
All IP addresses provided to the Customer remain the property of Provider, and Provider retains the right, if necessary, to alter or altogether change IP addresses already assigned to any of Customer's Services. Customers shall be notified of any such change by email if necessary.
14.0 Limitation of Liability and Customer Acknowledgement
Provider is not responsible for any damages that Customer may suffer by subscribing to any of its Services. Provider does not make implied or written warranties for any of its Services. Provider denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any service interruptions caused by the Provider.
Online (Internet) problems occur continuously. There may be a time when the Customer cannot access their website, email, or any other service. This is not necessarily due to the fault of the Provider. Perhaps Customer's Internet Service Provider (ISP) is experiencing technical difficulties, or there might be a routing problem between Customer's ISP and Provider's servers, making communication difficult or impossible. The provider cannot be held responsible for such issues. The Provider uses specialised monitoring agents to determine the uptime of its Service and does not need to rely on the Customer's experience.
Customer acknowledges and agrees that Provider, its Team, shareholders, directors, agents, representatives or resellers will not be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with the TOS or by virtue of clauses 6, 8 and 9 of the TOS.
If, despite the foregoing limitations, Provider, its Team, shareholders, directors, agents, representatives or resellers should become liable to Customer or any other person in connection with the TOS for ANY REASON, then the maximum aggregate liability of Provider, its Team, shareholders, directors, agents, representatives or resellers for all such things and to all such parties will be limited to the amount paid to Provider for one (1) year of Service by Customer.
14.1 No Warranty. THE PROVIDER MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION THE WEBSITE AND EMAIL HOSTING SERVICE, DOMAIN NAME REGISTRATION SERVICE, ITS ADVERTISING, THE FUNCTIONALITY, PERFORMANCE OR RESULTS AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND TITLE. PROVIDER SPECIFICALLY DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
14.2 Common Carrier. Provider and Customer agree that Provider is solely acting as a common carrier in its capacity of providing services hereunder, and is NOT a publisher of any material or information and has no right to edit or censor the material uploaded to Provider's Servers by the Customer. Provider is not responsible for nor pre-approves any of Customer's website content. All material uploaded by the Customer for publication will be considered publicly accessible. The Provider does not screen the Customer's material in advance, which the Customer may upload for publication. Provider's hosting of material uploaded by Customer does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the TOS.
14.3 Force Majeure. Provider shall not be liable to Customer or any other person, firm or entity for any failure of performance under the TOS if such failure is due to any cause or causes including, but not limited to epidemy, a government order of lockdown or confinement, work stoppages, strikes, riots, wars, vandalism, fires, inclement weather, third-party provider outages, cable-cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the Government of Mauritius.
15.0 Governing Law
The TOS shall be interpreted in accordance with and be governed in all respects by the laws of the Republic of Mauritius. The courts of the Republic of Mauritius shall have non-exclusive jurisdiction to entertain any action or proceeding brought by the parties in connection with the TOS or any alleged breach of the TOS. The parties each irrevocably submit to the jurisdiction of such courts.
16.1 Copyright Infringement. Suppose anyone believes that their copyright is being infringed by a person using the Mauritius.biz Hosting network. In that case, they will be required to send a written notice of copyright infringement by post to:
Mauritius.biz Hosting
Attn: Mr Junaid Ghulam Rabbani
2B Wakin Residence
31 Etienne Pellereau Street
Port Louis
Mauritius
The notice must include the following:
- A physical signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mauritius.biz Hosting to locate the material.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law and that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.